DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Nakamura (US 2005/0002644) in view of Wei (US 2008/0253586).
Regarding claim 1, Nakamura discloses a system comprising:
memory having stored therein machine-readable instructions (paragraph [421], Nakamura discloses memory like RAM (random access memory) and ROM (read only memory), wherein program instructions stored in RAM and ROM are executable by a processor or CPU (central processing unit); paragraph [426], Nakamura discloses storage media for storing program instructions to be executed by a computer, wherein computer comprises a processor like a CPU); and
one or more processors configured to execute the machine-readable instructions (paragraph [421], Nakamura discloses a CPU or processor for executing program instructions stored in memory like RAM (random access memory) and ROM (read only memory)), wherein the machine-readable instructions cause, when executed by the one or more processors (paragraph [421], Nakamura discloses a CPU or processor for executing program instructions stored in memory like RAM (random access memory) and ROM (read only memory)), the system to:
obtain a sample of a television feed (paragraph [168], Nakamura discloses a decoder 101 for receiving a broadcast television signal, wherein paragraph [256], Nakamura discloses receiving a sample of a television feed with a minimum length or a sample of the television feed being analyzed, and paragraph [257], fig.21A, Nakamura discloses the actual broadcast program includes the main program and four consecutive commercials in between the main program with the sample length of the broadcast television signal that is being analyzed);
construct, from the sample of the television feed (paragraph [168], Nakamura discloses a decoder 101 for receiving a broadcast television signal, wherein paragraph [256], Nakamura discloses receiving a sample of a television feed with a minimum length or a sample of the television feed being analyzed, and paragraph [257], fig.21A, Nakamura discloses the actual broadcast program includes the main program and four consecutive commercials in between the main program with the sample length of the broadcast television signal that is being analyzed), a plurality of audio frames (paragraph [217], Nakamura discloses that a sequence of frames are analyzed for determining the presence of commercials, wherein the commercial start frame is denoted by ns in that a commercial start time is denoted as Ts by using the commercial start frame number ns as in Ts = T[ns], and in paragraph [173], Nakamura discloses that each frame period is associated with a corresponding audio signal, so thus, in the NTSC standard, there are 30 frames per second, or 30 ms (millisecond) per frame-to-frame interval, in other words, for every 30 millisecond, there is one frame present to represent that 30 millisecond time period, or for one minute (60 seconds) time period for evaluation, there are 1800 frames per one minute since there are 60 seconds per minute and multiplying by 30 frames per second would yield 1800 frames per one minute for an NTSC standard, and thus, for an NTSC video signal in a one second time period, there are 30 video frames present as well as 30 audio frames present, or for a one minute period, there are 1800 video frames present with the corresponding 1800 audio frames present, wherein the both the video frames and audio frames present are being evaluated for determination of a commercial, and paragraph [180], Nakamura discloses audio signal 101b is stored in audio signal buffer 114, such that a period corresponding to one frame or 30 millisecond is stored and the audio signal is supplied to the amplitude detector 115, a correlation detector 116 and spectrum detector 117 for evaluating each audio frame in a plurality of audio frames);
monitor the plurality of audio frames by, for each audio frame of the plurality of audio frames (paragraph [217], Nakamura discloses that a sequence of frames are analyzed for determining the presence of commercials, wherein the commercial start frame is denoted by ns in that a commercial start time is denoted as Ts by using the commercial start frame number ns as in Ts = T[ns], and in paragraph [173], Nakamura discloses that each frame period is associated with a corresponding audio signal, so thus, in the NTSC standard, there are 30 frames per second, or 30 ms (millisecond) per frame-to-frame interval, in other words, for every 30 millisecond, there is one frame present to represent that 30 millisecond time period, or for one minute (60 seconds) time period for evaluation, there are 1800 frames per one minute since there are 60 seconds per minute and multiplying by 30 frames per second would yield 1800 frames per one minute for an NTSC standard, and thus, for an NTSC video signal in a one second time period, there are 30 video frames present as well as 30 audio frames present, or for a one minute period, there are 1800 video frames present with the corresponding 1800 audio frames present, wherein the both the video frames and audio frames present are being evaluated for determination of a commercial, and paragraph [180], Nakamura discloses audio signal 101b is stored in audio signal buffer 114, such that a period corresponding to one frame or 30 millisecond is stored and the audio signal is supplied to the amplitude detector 115, a correlation detector 116 and spectrum detector 117 for evaluating each audio frame in a plurality of audio frames):
(i) evaluating an audio power level of the audio frame (paragraph [115], Nakamura discloses that amplitude detector 115 measures the mean square amplitude for a short predetermined time period, for instance 15 millisecond, for a frame period, paragraph [184], Nakamura discloses correlation detector 116 for detecting unnormalized coefficient of the audio signal or short-time energy of the audio signal, and paragraph [187], Nakamura discloses calculating short-time spectrum of the audio signal, wherein paragraph [180], Nakamura discloses audio signal 101b is stored in audio signal buffer 114, such that a period corresponding to one frame or 30 millisecond is stored and the audio signal is supplied to the amplitude detector 115, a correlation detector 116 and spectrum detector 117 for evaluating each audio frame in a plurality of audio frames);
(ii) comparing the evaluated audio power level with a first audio-level threshold (paragraph [209], Nakamura discloses that a comparison is made between the input audio signal, on a frame-by-frame basis, to determine if the first audio level threshold (ie. audio signal level condition) is exceeded, and that the audio signal level is low in commercial periods, and if the input audio signal has not exceeded the “audio signal level condition”, then the frame that meets the condition of not exceeding the “audio signal level condition” is identified as the particular one frame of the sequence of audio frames to fall below the first audio-level threshold), and
identify, based on monitoring the plurality of audio frames (paragraph [217], Nakamura discloses that a sequence of frames are analyzed for determining the presence of commercials, wherein the commercial start frame is denoted by ns in that a commercial start time is denoted as Ts by using the commercial start frame number ns as in Ts = T[ns], and in paragraph [173], Nakamura discloses that each frame period is associated with a corresponding audio signal, so thus, in the NTSC standard, there are 30 frames per second, or 30 ms (millisecond) per frame-to-frame interval, in other words, for every 30 millisecond, there is one frame present to represent that 30 millisecond time period, or for one minute (60 seconds) time period for evaluation, there are 1800 frames per one minute since there are 60 seconds per minute and multiplying by 30 frames per second would yield 1800 frames per one minute for an NTSC standard, and thus, for an NTSC video signal in a one second time period, there are 30 video frames present as well as 30 audio frames present, or for a one minute period, there are 1800 video frames present with the corresponding 1800 audio frames present, wherein the both the video frames and audio frames present are being evaluated for determination of a commercial, and paragraph [180], Nakamura discloses audio signal 101b is stored in audio signal buffer 114, such that a period corresponding to one frame or 30 millisecond is stored and the audio signal is supplied to the amplitude detector 115, a correlation detector 116 and spectrum detector 117 for evaluating each audio frame in a plurality of audio frames), a particular one of the plurality of audio frames having an audio power level below the first audio-level threshold (paragraph [209], Nakamura discloses that a comparison is made between the input audio signal, on a frame-by-frame basis, to determine if the first audio level threshold (ie. audio signal level condition) is exceeded, and that the audio signal level is low in commercial periods, and if the input audio signal has not exceeded the “audio signal level condition”, then the frame that meets the condition of not exceeding the “audio signal level condition” is identified as the particular one frame of the sequence of audio frames to fall below the first audio-level threshold, wherein paragraph [115], Nakamura discloses that amplitude detector 115 measures the mean square amplitude for a short predetermined time period, for instance 15 millisecond, for a frame period, paragraph [184], Nakamura discloses correlation detector 116 for detecting unnormalized coefficient of the audio signal or short-time energy of the audio signal, and paragraph [187], Nakamura discloses calculating short-time spectrum of the audio signal, wherein paragraph [180], Nakamura discloses audio signal 101b is stored in audio signal buffer 114, such that a period corresponding to one frame or 30 millisecond is stored and the audio signal is supplied to the amplitude detector 115, a correlation detector 116 and spectrum detector 117 for evaluating each audio frame in a plurality of audio frames); and
indicate a commercial transition within the television feed at a timing corresponding to the particular one of the plurality of audio frames (paragraph [209], Nakamura discloses that a comparison is made between the input audio signal, on a frame-by-frame basis, to determine if the first audio level threshold (ie. audio signal level condition) is exceeded, and that the audio signal level is low in commercial periods, and if the input audio signal has not exceeded the “audio signal level condition”, then the frame that meets the condition of not exceeding the “audio signal level condition” is identified as the particular one frame of the sequence of audio frames to fall below the first audio-level threshold, and thus indicating the commercial transition occurring at the boundary of a commercial period, and paragraph [173], Nakamura discloses a cut transition detector 112 calculates a sum of squares of difference of luminance of each pixel between the two temporally adjacent frames for detecting a frame at which an image within a group of frames has sudden abrupt changes for identifying a transition frame, and also, note that each video frame from a group of frames has corresponding audio signal frames, in that each frame period is associated with a corresponding audio signal, so thus, in the NTSC standard, there are 30 frames per second, or 30 ms (millisecond) per frame-to-frame interval, in other words, for every 30 millisecond, there is one frame present to represent that 30 millisecond time period, or for one minute (60 seconds) time period for evaluation, there are 1800 frames per one minute since there are 60 seconds per minute and multiplying by 30 frames per second would yield 1800 frames per one minute for an NTSC standard, and thus, for an NTSC video signal in a one second time period, there are 30 video frames present as well as 30 audio frames present, or for a one minute period, there are 1800 video frames present with the corresponding 1800 audio frames present, wherein the both the video frames and audio frames present are being evaluated for determination of a commercial, and paragraph [180], Nakamura discloses audio signal 101b is stored in audio signal buffer 114, such that a period corresponding to one frame or 30 millisecond is stored and the audio signal is supplied to the amplitude detector 115, a correlation detector 116 and spectrum detector 117 for evaluating each audio frame in a plurality of audio frames, wherein paragraph [217], Nakamura discloses that a sequence of frames are analyzed for determining the presence of commercials, wherein the commercial start frame is denoted by ns in that a commercial start time is denoted as Ts by using the commercial start frame number ns as in Ts = T[ns]).
Nakamura does not disclose (iii) comparing the evaluated audio power level with a second audio-level threshold. However, Wei teaches comparing the evaluated audio power level with a second audio-level threshold (paragraph [68], Wei discloses that the switch 106 can permit the selection between the short-term loudness level and the long-term loudness level for determining the threshold of the segment transition, and permit the comparison of input audio signal level to be compared with the selected audio signal level for determining a commercial transition, wherein there are two audio signal level thresholds to be selected, either short-term loudness level threshold or the long-term loudness level threshold, and paragraph [87], Wei discloses that the selected threshold can be of any value above 0%, like 0.1% is selected for the loud segment, thus leading to the short-term loudness level being nominally higher than the long-term loudness level, and paragraph [89], Wei discloses that short term loudness level is considered to be higher than long-term loudness level, thus, leading to the comparison of audio power level with a second audio-level threshold). Therefore, it would have been obvious to one of ordinary skill in the art to combine the teachings of Nakamura and Wei together as a whole for providing a multitude of audio power levels in order to ensure accurate measurements of presence of commercials.
Regarding claim 2, Nakamura discloses wherein the commercial transition is between a program and an advertisement (paragraph [257], fig.21A, Nakamura discloses that four commercials are successively broadcasted in between the main program within a certain period of time, wherein CM1, CM2, CM3 and CM4 are the four successive commercials, and at time T1, the transition occurs at time T1, wherein T1 is the time where a commercial transition occurs between the main program and a first commercial CM1).
Regarding claim 3, Nakamura discloses wherein the commercial transition is between a first advertisement and a second advertisement (paragraph [257], fig.21A, Nakamura discloses that four commercials are successively broadcasted in between the main program within a certain period of time, wherein CM1, CM2, CM3 and CM4 are the four successive commercials, and at time T2, the transition occurs wherein T2 is the time where a commercial transition occurs between the first commercial CM1 and the second commercial CM2).
Regarding claim 4, Nakamura discloses wherein the machine-readable instructions (paragraph [421], Nakamura discloses a CPU or processor for executing program instructions stored in memory like RAM (random access memory) and ROM (read only memory)) further cause, when executed by the one or more processors (paragraph [421], Nakamura discloses a CPU or processor for executing program instructions stored in memory like RAM (random access memory) and ROM (read only memory)), the system to:
identify, based on monitoring the plurality of audio frames (paragraph [217], Nakamura discloses that a sequence of frames are analyzed for determining the presence of commercials, wherein the commercial start frame is denoted by ns in that a commercial start time is denoted as Ts by using the commercial start frame number ns as in Ts = T[ns], and in paragraph [173], Nakamura discloses that each frame period is associated with a corresponding audio signal, so thus, in the NTSC standard, there are 30 frames per second, or 30 ms (millisecond) per frame-to-frame interval, in other words, for every 30 millisecond, there is one frame present to represent that 30 millisecond time period, or for one minute (60 seconds) time period for evaluation, there are 1800 frames per one minute since there are 60 seconds per minute and multiplying by 30 frames per second would yield 1800 frames per one minute for an NTSC standard, and thus, for an NTSC video signal in a one second time period, there are 30 video frames present as well as 30 audio frames present, or for a one minute period, there are 1800 video frames present with the corresponding 1800 audio frames present, wherein the both the video frames and audio frames present are being evaluated for determination of a commercial, and paragraph [180], Nakamura discloses audio signal 101b is stored in audio signal buffer 114, such that a period corresponding to one frame or 30 millisecond is stored and the audio signal is supplied to the amplitude detector 115, a correlation detector 116 and spectrum detector 117 for evaluating each audio frame in a plurality of audio frames), a second particular one of the plurality of audio frames having an audio power level below the first audio-level threshold (paragraph [209], Nakamura discloses that a comparison is made between the input audio signal, on a frame-by-frame basis, to determine if the first audio level threshold (ie. audio signal level condition) is exceeded, and that the audio signal level is low in commercial periods, and if the input audio signal has not exceeded the “audio signal level condition”, then the frame that meets the condition of not exceeding the “audio signal level condition” is identified as the particular one frame of the sequence of audio frames to fall below the first audio-level threshold, and paragraph [257], fig.21A, Nakamura discloses that four commercials are successively broadcasted in between the main program within a certain period of time, wherein CM1, CM2, CM3 and CM4 are the four successive commercials, and at time T2, the transition occurs wherein T2 is the time where a commercial transition occurs between the first commercial CM1 and the second commercial CM2, and thus, at time T2, a second particular audio frame is selected to signify the presence of a commercial transition falling below a threshold); and
indicate a second commercial transition candidate within the television feed at a second timing corresponding to the second particular one of the plurality of audio frames (paragraph [209], Nakamura discloses that a comparison is made between the input audio signal, on a frame-by-frame basis, to determine if the first audio level threshold (ie. audio signal level condition) is exceeded, and that the audio signal level is low in commercial periods, and if the input audio signal has not exceeded the “audio signal level condition”, then the frame that meets the condition of not exceeding the “audio signal level condition” is identified as the particular one frame of the sequence of audio frames to fall below the first audio-level threshold, and paragraph [257], fig.21A, Nakamura discloses that four commercials are successively broadcasted in between the main program within a certain period of time, wherein CM1, CM2, CM3 and CM4 are the four successive commercials, and at time T2, the transition occurs wherein T2 is the time where a commercial transition occurs between the first commercial CM1 and the second commercial CM2, and thus, at time T2, a second particular audio frame is selected to signify the presence of a commercial transition falling below a threshold).
Nakamura does not disclose “…identify, based on monitoring the plurality of audio frames, a second particular one of the plurality of audio frames having an audio power level above the first audio- level threshold and below the second audio-level threshold”. However, Wei teaches the concept of detecting audio level above a first audio level threshold and below a second audio level threshold (paragraph [68], Wei discloses that the switch 106 can permit the selection between the short-term loudness level and the long-term loudness level for determining the threshold of the segment transition, and permit the comparison of input audio signal level to be compared with the selected audio signal level for determining a commercial transition, wherein there are two audio signal level thresholds to be selected, either short-term loudness level threshold or the long-term loudness level threshold, and paragraph [87], Wei discloses that the selected threshold can be of any value above 0%, like 0.1% is selected for the loud segment, thus leading to the short-term loudness level being nominally higher than the long-term loudness level, and paragraph [89], Wei discloses that short term loudness level is considered to be higher than long-term loudness level, thus, leading to the comparison of audio power level with a first audio-level threshold but also below a second audio-level threshold).
Since Nakamura teaches “identify, based on monitoring the plurality of audio frames, a second particular one of the plurality of audio frames having an audio power level below the first audio-level threshold”, and Wei discloses “…the concept of detecting audio level above a first audio level threshold and below a second audio level threshold”, therefore, by simple substitution, it would have been obvious to one of ordinary skill in the art to combine the teachings of Nakamura and Wei together as a whole for ascertaining the limitation “…identify, based on monitoring the plurality of audio frames, a second particular one of the plurality of audio frames having an audio power level above the first audio-level threshold and below the second audio-level threshold” for providing a multitude of audio power levels in order to ensure accurate measurements of presence of commercials.
Regarding claim 5, Nakamura does not disclose wherein the commercial transition candidate is indicated by a hint value. However, Wei teaches wherein the commercial transition candidate is indicated by a hint value (paragraph [23], Wei discloses implementing a detection trigger signal such as a commercial insertion cue for hinting or triggering the start of a commercial transition for an audio/video signals transmitted, and paragraph [95], Wei discloses implementation of commercial insertion cue signals or hints for indicating the commercial transition is coming up within the audio/video signal transmitted). Therefore, it would have been obvious to one of ordinary skill in the art to combine the teachings of Nakamura and Wei together as a whole for providing a multitude of audio power levels in order to ensure accurate measurements of presence of commercials.
Regarding claim 6, Nakamura discloses wherein the machine-readable instructions (paragraph [421], Nakamura discloses a CPU or processor for executing program instructions stored in memory like RAM (random access memory) and ROM (read only memory)) further cause, when executed by the one or more processors (paragraph [421], Nakamura discloses a CPU or processor for executing program instructions stored in memory like RAM (random access memory) and ROM (read only memory)), the system to:
access a plurality of video frames corresponding to the plurality of audio frames of the sample of the television feed (paragraph [168], Nakamura discloses a decoder 101 for receiving a broadcast television signal, wherein paragraph [256], Nakamura discloses receiving a sample of a television feed with a minimum length or a sample of the television feed being analyzed, and paragraph [217], Nakamura discloses that a sequence of frames are analyzed for determining the presence of commercials, wherein the commercial start frame is denoted by ns in that a commercial start time is denoted as Ts by using the commercial start frame number ns as in Ts = T[ns], and in paragraph [173], Nakamura discloses that each frame period is associated with a corresponding audio signal, so thus, in the NTSC standard, there are 30 frames per second, or 30 ms (millisecond) per frame-to-frame interval, in other words, for every 30 millisecond, there is one frame present to represent that 30 millisecond time period, or for one minute (60 seconds) time period for evaluation, there are 1800 frames per one minute since there are 60 seconds per minute and multiplying by 30 frames per second would yield 1800 frames per one minute for an NTSC standard, and thus, for an NTSC video signal in a one second time period, there are 30 video frames present as well as 30 audio frames present, or for a one minute period, there are 1800 video frames present with the corresponding 1800 audio frames present, wherein the both the video frames and audio frames present to be accessed for evaluation and determination of a commercial).
Nakamura does not disclose determine that a video frame corresponding to the particular one of the plurality of audio frames is a blank frame, wherein the system indicates the commercial transition within the television feed based on both the video frame determined to be a blank frame and the particular one of the plurality of audio frames having the audio power level below the first audio-level threshold. However, Wei teaches determine that a video frame corresponding to the particular one of the plurality of audio frames is a blank frame (paragraph [67], Wei discloses that the commercial transition occurs at a location within the sequence of frames, wherein the video signal simultaneously has a black screen (ie. blank frame) within the sequence of frames along with the corresponding audio signal that has a quiet portion that is below a selected threshold or first audio-level threshold), wherein the system indicates the commercial transition within the television feed based on both the video frame determined to be a blank frame and the particular one of the plurality of audio frames having the audio power level below the first audio-level threshold (paragraph [67], Wei discloses that the commercial transition occurs at a location within the sequence of frames, wherein the video signal simultaneously has a black screen (ie. blank frame) within the sequence of frames along with the corresponding audio signal that has a quiet portion that is below a selected threshold or first audio-level threshold, wherein paragraph [49], Wei discloses that the input audio signal 120 is the broadcast television signal that comprises a plurality of segments that include a broadcast television program with commercial segments, and the corresponding audio signal that goes along with the broadcast television program with audio segments). Therefore, it would have been obvious to one of ordinary skill in the art to combine the teachings of Nakamura and Wei together as a whole for providing a multitude of audio power levels in order to ensure accurate measurements of presence of commercials.
Regarding claim 7, Nakamura discloses wherein the machine-readable instructions (paragraph [421], Nakamura discloses a CPU or processor for executing program instructions stored in memory like RAM (random access memory) and ROM (read only memory)) further cause, when executed by the one or more processors (paragraph [421], Nakamura discloses a CPU or processor for executing program instructions stored in memory like RAM (random access memory) and ROM (read only memory)), the system to label the commercial transition as a beginning of an advertisement (paragraph [257], fig.21A, Nakamura discloses that four commercials are successively broadcasted in between the main program within a certain period of time, wherein CM1, CM2, CM3 and CM4 are the four successive commercials, and at time T1, the transition occurs at time T1, wherein T1 is the time where a commercial transition occurs between the main program and a first commercial CM1 to signify the beginning of the first commercial CM1, thus, Nakamura labeling the transition for denoting the beginning of the advertisement). Regarding claim 8, Nakamura discloses a method comprising:
obtaining a sample of a television feed (paragraph [168], Nakamura discloses a decoder 101 for receiving a broadcast television signal, wherein paragraph [256], Nakamura discloses receiving a sample of a television feed with a minimum length or a sample of the television feed being analyzed, and paragraph [257], fig.21A, Nakamura discloses the actual broadcast program includes the main program and four consecutive commercials in between the main program with the sample length of the broadcast television signal that is being analyzed);
constructing, from the sample of the television feed (paragraph [168], Nakamura discloses a decoder 101 for receiving a broadcast television signal, wherein paragraph [256], Nakamura discloses receiving a sample of a television feed with a minimum length or a sample of the television feed being analyzed, and paragraph [257], fig.21A, Nakamura discloses the actual broadcast program includes the main program and four consecutive commercials in between the main program with the sample length of the broadcast television signal that is being analyzed), a plurality of audio frames (paragraph [217], Nakamura discloses that a sequence of frames are analyzed for determining the presence of commercials, wherein the commercial start frame is denoted by ns in that a commercial start time is denoted as Ts by using the commercial start frame number ns as in Ts = T[ns], and in paragraph [173], Nakamura discloses that each frame period is associated with a corresponding audio signal, so thus, in the NTSC standard, there are 30 frames per second, or 30 ms (millisecond) per frame-to-frame interval, in other words, for every 30 millisecond, there is one frame present to represent that 30 millisecond time period, or for one minute (60 seconds) time period for evaluation, there are 1800 frames per one minute since there are 60 seconds per minute and multiplying by 30 frames per second would yield 1800 frames per one minute for an NTSC standard, and thus, for an NTSC video signal in a one second time period, there are 30 video frames present as well as 30 audio frames present, or for a one minute period, there are 1800 video frames present with the corresponding 1800 audio frames present, wherein the both the video frames and audio frames present are being evaluated for determination of a commercial, and paragraph [180], Nakamura discloses audio signal 101b is stored in audio signal buffer 114, such that a period corresponding to one frame or 30 millisecond is stored and the audio signal is supplied to the amplitude detector 115, a correlation detector 116 and spectrum detector 117 for evaluating each audio frame in a plurality of audio frames);
monitoring the plurality of audio frames by, for each audio frame of the plurality of audio frames (paragraph [217], Nakamura discloses that a sequence of frames are analyzed for determining the presence of commercials, wherein the commercial start frame is denoted by ns in that a commercial start time is denoted as Ts by using the commercial start frame number ns as in Ts = T[ns], and in paragraph [173], Nakamura discloses that each frame period is associated with a corresponding audio signal, so thus, in the NTSC standard, there are 30 frames per second, or 30 ms (millisecond) per frame-to-frame interval, in other words, for every 30 millisecond, there is one frame present to represent that 30 millisecond time period, or for one minute (60 seconds) time period for evaluation, there are 1800 frames per one minute since there are 60 seconds per minute and multiplying by 30 frames per second would yield 1800 frames per one minute for an NTSC standard, and thus, for an NTSC video signal in a one second time period, there are 30 video frames present as well as 30 audio frames present, or for a one minute period, there are 1800 video frames present with the corresponding 1800 audio frames present, wherein the both the video frames and audio frames present are being evaluated for determination of a commercial, and paragraph [180], Nakamura discloses audio signal 101b is stored in audio signal buffer 114, such that a period corresponding to one frame or 30 millisecond is stored and the audio signal is supplied to the amplitude detector 115, a correlation detector 116 and spectrum detector 117 for evaluating each audio frame in a plurality of audio frames):
(i) evaluating an audio power level of the audio frame (paragraph [115], Nakamura discloses that amplitude detector 115 measures the mean square amplitude for a short predetermined time period, for instance 15 millisecond, for a frame period, paragraph [184], Nakamura discloses correlation detector 116 for detecting unnormalized coefficient of the audio signal or short-time energy of the audio signal, and paragraph [187], Nakamura discloses calculating short-time spectrum of the audio signal, wherein paragraph [180], Nakamura discloses audio signal 101b is stored in audio signal buffer 114, such that a period corresponding to one frame or 30 millisecond is stored and the audio signal is supplied to the amplitude detector 115, a correlation detector 116 and spectrum detector 117 for evaluating each audio frame in a plurality of audio frames);
(ii) comparing the evaluated audio power level with a first audio-level threshold (paragraph [209], Nakamura discloses that a comparison is made between the input audio signal, on a frame-by-frame basis, to determine if the first audio level threshold (ie. audio signal level condition) is exceeded, and that the audio signal level is low in commercial periods, and if the input audio signal has not exceeded the “audio signal level condition”, then the frame that meets the condition of not exceeding the “audio signal level condition” is identified as the particular one frame of the sequence of audio frames to fall below the first audio-level threshold), and
identifying, based on monitoring the plurality of audio frames (paragraph [217], Nakamura discloses that a sequence of frames are analyzed for determining the presence of commercials, wherein the commercial start frame is denoted by ns in that a commercial start time is denoted as Ts by using the commercial start frame number ns as in Ts = T[ns], and in paragraph [173], Nakamura discloses that each frame period is associated with a corresponding audio signal, so thus, in the NTSC standard, there are 30 frames per second, or 30 ms (millisecond) per frame-to-frame interval, in other words, for every 30 millisecond, there is one frame present to represent that 30 millisecond time period, or for one minute (60 seconds) time period for evaluation, there are 1800 frames per one minute since there are 60 seconds per minute and multiplying by 30 frames per second would yield 1800 frames per one minute for an NTSC standard, and thus, for an NTSC video signal in a one second time period, there are 30 video frames present as well as 30 audio frames present, or for a one minute period, there are 1800 video frames present with the corresponding 1800 audio frames present, wherein the both the video frames and audio frames present are being evaluated for determination of a commercial, and paragraph [180], Nakamura discloses audio signal 101b is stored in audio signal buffer 114, such that a period corresponding to one frame or 30 millisecond is stored and the audio signal is supplied to the amplitude detector 115, a correlation detector 116 and spectrum detector 117 for evaluating each audio frame in a plurality of audio frames), a particular one of the plurality of audio frames having an audio power level below the first audio-level threshold (paragraph [209], Nakamura discloses that a comparison is made between the input audio signal, on a frame-by-frame basis, to determine if the first audio level threshold (ie. audio signal level condition) is exceeded, and that the audio signal level is low in commercial periods, and if the input audio signal has not exceeded the “audio signal level condition”, then the frame that meets the condition of not exceeding the “audio signal level condition” is identified as the particular one frame of the sequence of audio frames to fall below the first audio-level threshold, wherein paragraph [115], Nakamura discloses that amplitude detector 115 measures the mean square amplitude for a short predetermined time period, for instance 15 millisecond, for a frame period, paragraph [184], Nakamura discloses correlation detector 116 for detecting unnormalized coefficient of the audio signal or short-time energy of the audio signal, and paragraph [187], Nakamura discloses calculating short-time spectrum of the audio signal, wherein paragraph [180], Nakamura discloses audio signal 101b is stored in audio signal buffer 114, such that a period corresponding to one frame or 30 millisecond is stored and the audio signal is supplied to the amplitude detector 115, a correlation detector 116 and spectrum detector 117 for evaluating each audio frame in a plurality of audio frames); and
indicating a commercial transition within the television feed at a timing corresponding to the particular one of the plurality of audio frames (paragraph [209], Nakamura discloses that a comparison is made between the input audio signal, on a frame-by-frame basis, to determine if the first audio level threshold (ie. audio signal level condition) is exceeded, and that the audio signal level is low in commercial periods, and if the input audio signal has not exceeded the “audio signal level condition”, then the frame that meets the condition of not exceeding the “audio signal level condition” is identified as the particular one frame of the sequence of audio frames to fall below the first audio-level threshold, and thus indicating the commercial transition occurring at the boundary of a commercial period, and paragraph [173], Nakamura discloses a cut transition detector 112 calculates a sum of squares of difference of luminance of each pixel between the two temporally adjacent frames for detecting a frame at which an image within a group of frames has sudden abrupt changes for identifying a transition frame, and also, note that each video frame from a group of frames has corresponding audio signal frames, in that each frame period is associated with a corresponding audio signal, so thus, in the NTSC standard, there are 30 frames per second, or 30 ms (millisecond) per frame-to-frame interval, in other words, for every 30 millisecond, there is one frame present to represent that 30 millisecond time period, or for one minute (60 seconds) time period for evaluation, there are 1800 frames per one minute since there are 60 seconds per minute and multiplying by 30 frames per second would yield 1800 frames per one minute for an NTSC standard, and thus, for an NTSC video signal in a one second time period, there are 30 video frames present as well as 30 audio frames present, or for a one minute period, there are 1800 video frames present with the corresponding 1800 audio frames present, wherein the both the video frames and audio frames present are being evaluated for determination of a commercial, and paragraph [180], Nakamura discloses audio signal 101b is stored in audio signal buffer 114, such that a period corresponding to one frame or 30 millisecond is stored and the audio signal is supplied to the amplitude detector 115, a correlation detector 116 and spectrum detector 117 for evaluating each audio frame in a plurality of audio frames, wherein paragraph [217], Nakamura discloses that a sequence of frames are analyzed for determining the presence of commercials, wherein the commercial start frame is denoted by ns in that a commercial start time is denoted as Ts by using the commercial start frame number ns as in Ts = T[ns]).
Nakamura does not disclose (iii) comparing the evaluated audio power level with a second audio-level threshold. However, Wei teaches comparing the evaluated audio power level with a second audio-level threshold (paragraph [68], Wei discloses that the switch 106 can permit the selection between the short-term loudness level and the long-term loudness level for determining the threshold of the segment transition, and permit the comparison of input audio signal level to be compared with the selected audio signal level for determining a commercial transition, wherein there are two audio signal level thresholds to be selected, either short-term loudness level threshold or the long-term loudness level threshold, and paragraph [87], Wei discloses that the selected threshold can be of any value above 0%, like 0.1% is selected for the loud segment, thus leading to the short-term loudness level being nominally higher than the long-term loudness level, and paragraph [89], Wei discloses that short term loudness level is considered to be higher than long-term loudness level, thus, leading to the comparison of audio power level with a second audio-level threshold). Therefore, it would have been obvious to one of ordinary skill in the art to combine the teachings of Nakamura and Wei together as a whole for providing a multitude of audio power levels in order to ensure accurate measurements of presence of commercials.
Regarding claim 9, Nakamura discloses wherein the commercial transition is between a program and an advertisement (paragraph [257], fig.21A, Nakamura discloses that four commercials are successively broadcasted in between the main program within a certain period of time, wherein CM1, CM2, CM3 and CM4 are the four successive commercials, and at time T1, the transition occurs at time T1, wherein T1 is the time where a commercial transition occurs between the main program and a first commercial CM1).
Regarding claim 10, Nakamura discloses wherein the commercial transition is between a first advertisement and a second advertisement (paragraph [257], fig.21A, Nakamura discloses that four commercials are successively broadcasted in between the main program within a certain period of time, wherein CM1, CM2, CM3 and CM4 are the four successive commercials, and at time T2, the transition occurs wherein T2 is the time where a commercial transition occurs between the first commercial CM1 and the second commercial CM2).
Regarding claim 11, Nakamura discloses identifying, based on monitoring the plurality of audio frames (paragraph [217], Nakamura discloses that a sequence of frames are analyzed for determining the presence of commercials, wherein the commercial start frame is denoted by ns in that a commercial start time is denoted as Ts by using the commercial start frame number ns as in Ts = T[ns], and in paragraph [173], Nakamura discloses that each frame period is associated with a corresponding audio signal, so thus, in the NTSC standard, there are 30 frames per second, or 30 ms (millisecond) per frame-to-frame interval, in other words, for every 30 millisecond, there is one frame present to represent that 30 millisecond time period, or for one minute (60 seconds) time period for evaluation, there are 1800 frames per one minute since there are 60 seconds per minute and multiplying by 30 frames per second would yield 1800 frames per one minute for an NTSC standard, and thus, for an NTSC video signal in a one second time period, there are 30 video frames present as well as 30 audio frames present, or for a one minute period, there are 1800 video frames present with the corresponding 1800 audio frames present, wherein the both the video frames and audio frames present are being evaluated for determination of a commercial, and paragraph [180], Nakamura discloses audio signal 101b is stored in audio signal buffer 114, such that a period corresponding to one frame or 30 millisecond is stored and the audio signal is supplied to the amplitude detector 115, a correlation detector 116 and spectrum detector 117 for evaluating each audio frame in a plurality of audio frames), a second particular one of the plurality of audio frames having an audio power level below the first audio-level threshold (paragraph [209], Nakamura discloses that a comparison is made between the input audio signal, on a frame-by-frame basis, to determine if the first audio level threshold (ie. audio signal level condition) is exceeded, and that the audio signal level is low in commercial periods, and if the input audio signal has not exceeded the “audio signal level condition”, then the frame that meets the condition of not exceeding the “audio signal level condition” is identified as the particular one frame of the sequence of audio frames to fall below the first audio-level threshold, and paragraph [257], fig.21A, Nakamura discloses that four commercials are successively broadcasted in between the main program within a certain period of time, wherein CM1, CM2, CM3 and CM4 are the four successive commercials, and at time T2, the transition occurs wherein T2 is the time where a commercial transition occurs between the first commercial CM1 and the second commercial CM2, and thus, at time T2, a second particular audio frame is selected to signify the presence of a commercial transition falling below a threshold); and
indicating a second commercial transition candidate within the television feed at a second timing corresponding to the second particular one of the plurality of audio frames (paragraph [209], Nakamura discloses that a comparison is made between the input audio signal, on a frame-by-frame basis, to determine if the first audio level threshold (ie. audio signal level condition) is exceeded, and that the audio signal level is low in commercial periods, and if the input audio signal has not exceeded the “audio signal level condition”, then the frame that meets the condition of not exceeding the “audio signal level condition” is identified as the particular one frame of the sequence of audio frames to fall below the first audio-level threshold, and paragraph [257], fig.21A, Nakamura discloses that four commercials are successively broadcasted in between the main program within a certain period of time, wherein CM1, CM2, CM3 and CM4 are the four successive commercials, and at time T2, the transition occurs wherein T2 is the time where a commercial transition occurs between the first commercial CM1 and the second commercial CM2, and thus, at time T2, a second particular audio frame is selected to signify the presence of a commercial transition falling below a threshold).
Nakamura does not disclose “…identifying, based on monitoring the plurality of audio frames, a second particular one of the plurality of audio frames having an audio power level above the first audio- level threshold and below the second audio-level threshold”. However, Wei teaches the concept of detecting audio level above a first audio level threshold and below a second audio level threshold (paragraph [68], Wei discloses that the switch 106 can permit the selection between the short-term loudness level and the long-term loudness level for determining the threshold of the segment transition, and permit the comparison of input audio signal level to be compared with the selected audio signal level for determining a commercial transition, wherein there are two audio signal level thresholds to be selected, either short-term loudness level threshold or the long-term loudness level threshold, and paragraph [87], Wei discloses that the selected threshold can be of any value above 0%, like 0.1% is selected for the loud segment, thus leading to the short-term loudness level being nominally higher than the long-term loudness level, and paragraph [89], Wei discloses that short term loudness level is considered to be higher than long-term loudness level, thus, leading to the comparison of audio power level with a first audio-level threshold but also below a second audio-level threshold).
Since Nakamura teaches “identifying, based on monitoring the plurality of audio frames, a second particular one of the plurality of audio frames having an audio power level below the first audio-level threshold”, and Wei discloses “…the concept of detecting audio level above a first audio level threshold and below a second audio level threshold”, therefore, by simple substitution, it would have been obvious to one of ordinary skill in the art to combine the teachings of Nakamura and Wei together as a whole for ascertaining the limitation “…identifying, based on monitoring the plurality of audio frames, a second particular one of the plurality of audio frames having an audio power level above the first audio-level threshold and below the second audio-level threshold” for providing a multitude of audio power levels in order to ensure accurate measurements of presence of commercials.
Regarding claim 12, Nakamura does not disclose wherein the commercial transition candidate is indicated by a hint value. However, Wei teaches wherein the commercial transition candidate is indicated by a hint value (paragraph [23], Wei discloses implementing a detection trigger signal such as a commercial insertion cue for hinting or triggering the start of a commercial transition for an audio/video signals transmitted, and paragraph [95], Wei discloses implementation of commercial insertion cue signals or hints for indicating the commercial transition is coming up within the audio/video signal transmitted). Therefore, it would have been obvious to one of ordinary skill in the art to combine the teachings of Nakamura and Wei together as a whole for providing a multitude of audio power levels in order to ensure accurate measurements of presence of commercials.
Regarding claim 13, Nakamura discloses accessing a plurality of video frames corresponding to the plurality of audio frames of the sample of the television feed (paragraph [168], Nakamura discloses a decoder 101 for receiving a broadcast television signal, wherein paragraph [256], Nakamura discloses receiving a sample of a television feed with a minimum length or a sample of the television feed being analyzed, and paragraph [217], Nakamura discloses that a sequence of frames are analyzed for determining the presence of commercials, wherein the commercial start frame is denoted by ns in that a commercial start time is denoted as Ts by using the commercial start frame number ns as in Ts = T[ns], and in paragraph [173], Nakamura discloses that each frame period is associated with a corresponding audio signal, so thus, in the NTSC standard, there are 30 frames per second, or 30 ms (millisecond) per frame-to-frame interval, in other words, for every 30 millisecond, there is one frame present to represent that 30 millisecond time period, or for one minute (60 seconds) time period for evaluation, there are 1800 frames per one minute since there are 60 seconds per minute and multiplying by 30 frames per second would yield 1800 frames per one minute for an NTSC standard, and thus, for an NTSC video signal in a one second time period, there are 30 video frames present as well as 30 audio frames present, or for a one minute period, there are 1800 video frames present with the corresponding 1800 audio frames present, wherein the both the video frames and audio frames present to be accessed for evaluation and determination of a commercial).
Nakamura does not disclose determining that a video frame corresponding to the particular one of the plurality of audio frames is a blank frame, wherein indicating the commercial transition within the television feed is based on both the video frame being determined to be a blank frame and the particular one of the plurality of audio frames having the audio power level below the first audio-level threshold.
However, Wei teaches determining that a video frame corresponding to the particular one of the plurality of audio frames is a blank frame (paragraph [67], Wei discloses that the commercial transition occurs at a location within the sequence of frames, wherein the video signal simultaneously has a black screen (ie. blank frame) within the sequence of frames along with the corresponding audio signal that has a quiet portion that is below a selected threshold or first audio-level threshold), wherein indicating the commercial transition within the television feed is based on both the video frame being determined to be a blank frame and the particular one of the plurality of audio frames having the audio power level below the first audio-level threshold (paragraph [67], Wei discloses that the commercial transition occurs at a location within the sequence of frames, wherein the video signal simultaneously has a black screen (ie. blank frame) within the sequence of frames along with the corresponding audio signal that has a quiet portion that is below a selected threshold or first audio-level threshold, wherein paragraph [49], Wei discloses that the input audio signal 120 is the broadcast television signal that comprises a plurality of segments that include a broadcast television program with commercial segments, and the corresponding audio signal that goes along with the broadcast television program with audio segments). Therefore, it would have been obvious to one of ordinary skill in the art to combine the teachings of Nakamura and Wei together as a whole for providing a multitude of audio power levels in order to ensure accurate measurements of presence of commercials.
Regarding claim 14, Nakamura discloses labeling the commercial transition as a beginning of an advertisement (paragraph [257], fig.21A, Nakamura discloses that four commercials are successively broadcasted in between the main program within a certain period of time, wherein CM1, CM2, CM3 and CM4 are the four successive commercials, and at time T1, the transition occurs at time T1, wherein T1 is the time where a commercial transition occurs between the main program and a first commercial CM1 to signify the beginning of the first commercial CM1, thus Nakamura discloses labeling the beginning of the advertisement); and labeling a next subsequently indicated commercial transition as an ending of the advertisement (paragraph [257], fig.21A, Nakamura discloses that four commercials are successively broadcasted in between the main program within a certain period of time, wherein CM1, CM2, CM3 and CM4 are the four successive commercials, and at time T2, the transition occurs wherein T2 is the time where a commercial transition occurs between the first commercial CM1 and the second commercial CM2, thus Nakamura discloses labeling the end of the first commercial CM1 occurs at time T2, and the beginning of the second commercial CM2 also at time T2).
Regarding claim 15, Nakamura discloses a non-transitory computer-readable storage medium (paragraph [426], Nakamura discloses storage media for storing program instructions to be executed by a computer, wherein computer comprises a processor like a CPU; paragraph [421], Nakamura discloses memory like RAM (random access memory) and ROM (read only memory), wherein program instructions stored in RAM and ROM are executable by a processor or CPU (central processing unit) having stored thereon machine-readable instructions that, when executed by a processor of a computing system (paragraph [421], Nakamura discloses memory like RAM (random access memory) and ROM (read only memory), wherein program instructions stored in RAM and ROM are executable by a processor or CPU (central processing unit); paragraph [426], Nakamura discloses storage media for storing program instructions to be executed by a computer, wherein computer comprises a processor like a CPU), cause performance of operations including:
obtaining a sample of a television feed (paragraph [168], Nakamura discloses a decoder 101 for receiving a broadcast television signal, wherein paragraph [256], Nakamura discloses receiving a sample of a television feed with a minimum length or a sample of the television feed being analyzed, and paragraph [257], fig.21A, Nakamura discloses the actual broadcast program includes the main program and four consecutive commercials in between the main program with the sample length of the broadcast television signal that is being analyzed);
constructing, from the sample of the television feed (paragraph [168], Nakamura discloses a decoder 101 for receiving a broadcast television signal, wherein paragraph [256], Nakamura discloses receiving a sample of a television feed with a minimum length or a sample of the television feed being analyzed, and paragraph [257], fig.21A, Nakamura discloses the actual broadcast program includes the main program and four consecutive commercials in between the main program with the sample length of the broadcast television signal that is being analyzed), a plurality of audio frames (paragraph [217], Nakamura discloses that a sequence of frames are analyzed for determining the presence of commercials, wherein the commercial start frame is denoted by ns in that a commercial start time is denoted as Ts by using the commercial start frame number ns as in Ts = T[ns], and in paragraph [173], Nakamura discloses that each frame period is associated with a corresponding audio signal, so thus, in the NTSC standard, there are 30 frames per second, or 30 ms (millisecond) per frame-to-frame interval, in other words, for every 30 millisecond, there is one frame present to represent that 30 millisecond time period, or for one minute (60 seconds) time period for evaluation, there are 1800 frames per one minute since there are 60 seconds per minute and multiplying by 30 frames per second would yield 1800 frames per one minute for an NTSC standard, and thus, for an NTSC video signal in a one second time period, there are 30 video frames present as well as 30 audio frames present, or for a one minute period, there are 1800 video frames present with the corresponding 1800 audio frames present, wherein the both the video frames and audio frames present are being evaluated for determination of a commercial, and paragraph [180], Nakamura discloses audio signal 101b is stored in audio signal buffer 114, such that a period corresponding to one frame or 30 millisecond is stored and the audio signal is supplied to the amplitude detector 115, a correlation detector 116 and spectrum detector 117 for evaluating each audio frame in a plurality of audio frames);
monitoring the plurality of audio frames by, for each audio frame of the plurality of audio frames (paragraph [217], Nakamura discloses that a sequence of frames are analyzed for determining the presence of commercials, wherein the commercial start frame is denoted by ns in that a commercial start time is denoted as Ts by using the commercial start frame number ns as in Ts = T[ns], and in paragraph [173], Nakamura discloses that each frame period is associated with a corresponding audio signal, so thus, in the NTSC standard, there are 30 frames per second, or 30 ms (millisecond) per frame-to-frame interval, in other words, for every 30 millisecond, there is one frame present to represent that 30 millisecond time period, or for one minute (60 seconds) time period for evaluation, there are 1800 frames per one minute since there are 60 seconds per minute and multiplying by 30 frames per second would yield 1800 frames per one minute for an NTSC standard, and thus, for an NTSC video signal in a one second time period, there are 30 video frames present as well as 30 audio frames present, or for a one minute period, there are 1800 video frames present with the corresponding 1800 audio frames present, wherein the both the video frames and audio frames present are being evaluated for determination of a commercial, and paragraph [180], Nakamura discloses audio signal 101b is stored in audio signal buffer 114, such that a period corresponding to one frame or 30 millisecond is stored and the audio signal is supplied to the amplitude detector 115, a correlation detector 116 and spectrum detector 117 for evaluating each audio frame in a plurality of audio frames):
(i) evaluating an audio power level of the audio frame (paragraph [115], Nakamura discloses that amplitude detector 115 measures the mean square amplitude for a short predetermined time period, for instance 15 millisecond, for a frame period, paragraph [184], Nakamura discloses correlation detector 116 for detecting unnormalized coefficient of the audio signal or short-time energy of the audio signal, and paragraph [187], Nakamura discloses calculating short-time spectrum of the audio signal, wherein paragraph [180], Nakamura discloses audio signal 101b is stored in audio signal buffer 114, such that a period corresponding to one frame or 30 millisecond is stored and the audio signal is supplied to the amplitude detector 115, a correlation detector 116 and spectrum detector 117 for evaluating each audio frame in a plurality of audio frames);
(ii) comparing the evaluated audio power level with a first audio-level threshold (paragraph [209], Nakamura discloses that a comparison is made between the input audio signal, on a frame-by-frame basis, to determine if the first audio level threshold (ie. audio signal level condition) is exceeded, and that the audio signal level is low in commercial periods, and if the input audio signal has not exceeded the “audio signal level condition”, then the frame that meets the condition of not exceeding the “audio signal level condition” is identified as the particular one frame of the sequence of audio frames to fall below the first audio-level threshold), and
identifying, based on monitoring the plurality of audio frames (paragraph [217], Nakamura discloses that a sequence of frames are analyzed for determining the presence of commercials, wherein the commercial start frame is denoted by ns in that a commercial start time is denoted as Ts by using the commercial start frame number ns as in Ts = T[ns], and in paragraph [173], Nakamura discloses that each frame period is associated with a corresponding audio signal, so thus, in the NTSC standard, there are 30 frames per second, or 30 ms (millisecond) per frame-to-frame interval, in other words, for every 30 millisecond, there is one frame present to represent that 30 millisecond time period, or for one minute (60 seconds) time period for evaluation, there are 1800 frames per one minute since there are 60 seconds per minute and multiplying by 30 frames per second would yield 1800 frames per one minute for an NTSC standard, and thus, for an NTSC video signal in a one second time period, there are 30 video frames present as well as 30 audio frames present, or for a one minute period, there are 1800 video frames present with the corresponding 1800 audio frames present, wherein the both the video frames and audio frames present are being evaluated for determination of a commercial, and paragraph [180], Nakamura discloses audio signal 101b is stored in audio signal buffer 114, such that a period corresponding to one frame or 30 millisecond is stored and the audio signal is supplied to the amplitude detector 115, a correlation detector 116 and spectrum detector 117 for evaluating each audio frame in a plurality of audio frames), a particular one of the plurality of audio frames having an audio power level below the first audio-level threshold (paragraph [209], Nakamura discloses that a comparison is made between the input audio signal, on a frame-by-frame basis, to determine if the first audio level threshold (ie. audio signal level condition) is exceeded, and that the audio signal level is low in commercial periods, and if the input audio signal has not exceeded the “audio signal level condition”, then the frame that meets the condition of not exceeding the “audio signal level condition” is identified as the particular one frame of the sequence of audio frames to fall below the first audio-level threshold, wherein paragraph [115], Nakamura discloses that amplitude detector 115 measures the mean square amplitude for a short predetermined time period, for instance 15 millisecond, for a frame period, paragraph [184], Nakamura discloses correlation detector 116 for detecting unnormalized coefficient of the audio signal or short-time energy of the audio signal, and paragraph [187], Nakamura discloses calculating short-time spectrum of the audio signal, wherein paragraph [180], Nakamura discloses audio signal 101b is stored in audio signal buffer 114, such that a period corresponding to one frame or 30 millisecond is stored and the audio signal is supplied to the amplitude detector 115, a correlation detector 116 and spectrum detector 117 for evaluating each audio frame in a plurality of audio frames); and
indicating a commercial transition within the television feed at a timing corresponding to the particular one of the plurality of audio frames (paragraph [209], Nakamura discloses that a comparison is made between the input audio signal, on a frame-by-frame basis, to determine if the first audio level threshold (ie. audio signal level condition) is exceeded, and that the audio signal level is low in commercial periods, and if the input audio signal has not exceeded the “audio signal level condition”, then the frame that meets the condition of not exceeding the “audio signal level condition” is identified as the particular one frame of the sequence of audio frames to fall below the first audio-level threshold, and thus indicating the commercial transition occurring at the boundary of a commercial period, and paragraph [173], Nakamura discloses a cut transition detector 112 calculates a sum of squares of difference of luminance of each pixel between the two temporally adjacent frames for detecting a frame at which an image within a group of frames has sudden abrupt changes for identifying a transition frame, and also, note that each video frame from a group of frames has corresponding audio signal frames, in that each frame period is associated with a corresponding audio signal, so thus, in the NTSC standard, there are 30 frames per second, or 30 ms (millisecond) per frame-to-frame interval, in other words, for every 30 millisecond, there is one frame present to represent that 30 millisecond time period, or for one minute (60 seconds) time period for evaluation, there are 1800 frames per one minute since there are 60 seconds per minute and multiplying by 30 frames per second would yield 1800 frames per one minute for an NTSC standard, and thus, for an NTSC video signal in a one second time period, there are 30 video frames present as well as 30 audio frames present, or for a one minute period, there are 1800 video frames present with the corresponding 1800 audio frames present, wherein the both the video frames and audio frames present are being evaluated for determination of a commercial, and paragraph [180], Nakamura discloses audio signal 101b is stored in audio signal buffer 114, such that a period corresponding to one frame or 30 millisecond is stored and the audio signal is supplied to the amplitude detector 115, a correlation detector 116 and spectrum detector 117 for evaluating each audio frame in a plurality of audio frames, wherein paragraph [217], Nakamura discloses that a sequence of frames are analyzed for determining the presence of commercials, wherein the commercial start frame is denoted by ns in that a commercial start time is denoted as Ts by using the commercial start frame number ns as in Ts = T[ns]).
Nakamura does not disclose (iii) comparing the evaluated audio power level with a second audio-level threshold. However, Wei teaches comparing the evaluated audio power level with a second audio-level threshold (paragraph [68], Wei discloses that the switch 106 can permit the selection between the short-term loudness level and the long-term loudness level for determining the threshold of the segment transition, and permit the comparison of input audio signal level to be compared with the selected audio signal level for determining a commercial transition, wherein there are two audio signal level thresholds to be selected, either short-term loudness level threshold or the long-term loudness level threshold, and paragraph [87], Wei discloses that the selected threshold can be of any value above 0%, like 0.1% is selected for the loud segment, thus leading to the short-term loudness level being nominally higher than the long-term loudness level, and paragraph [89], Wei discloses that short term loudness level is considered to be higher than long-term loudness level, thus, leading to the comparison of audio power level with a second audio-level threshold). Therefore, it would have been obvious to one of ordinary skill in the art to combine the teachings of Nakamura and Wei together as a whole for providing a multitude of audio power levels in order to ensure accurate measurements of presence of commercials.
Regarding claim 16, Nakamura discloses wherein the commercial transition is between a program and an advertisement (paragraph [257], fig.21A, Nakamura discloses that four commercials are successively broadcasted between the main program within a certain period of time, wherein CM1, CM2, CM3 and CM4 are the four successive commercials, and at time T1, the transition occurs at time T1, wherein T1 is the time where a commercial transition occurs between the main program and a first commercial CM1).
Regarding claim 17, Nakamura discloses wherein the commercial transition is between a first advertisement and a second advertisement (paragraph [257], fig.21A, Nakamura discloses that four commercials are successively broadcasted in between the main program within a certain period of time, wherein CM1, CM2, CM3 and CM4 are the four successive commercials, and at time T2, the transition occurs wherein T2 is the time where a commercial transition occurs between the first commercial CM1 and the second commercial CM2).
Regarding claim 18, Nakamura discloses identifying, based on monitoring the plurality of audio frames (paragraph [217], Nakamura discloses that a sequence of frames are analyzed for determining the presence of commercials, wherein the commercial start frame is denoted by ns in that a commercial start time is denoted as Ts by using the commercial start frame number ns as in Ts = T[ns], and in paragraph [173], Nakamura discloses that each frame period is associated with a corresponding audio signal, so thus, in the NTSC standard, there are 30 frames per second, or 30 ms (millisecond) per frame-to-frame interval, in other words, for every 30 millisecond, there is one frame present to represent that 30 millisecond time period, or for one minute (60 seconds) time period for evaluation, there are 1800 frames per one minute since there are 60 seconds per minute and multiplying by 30 frames per second would yield 1800 frames per one minute for an NTSC standard, and thus, for an NTSC video signal in a one second time period, there are 30 video frames present as well as 30 audio frames present, or for a one minute period, there are 1800 video frames present with the corresponding 1800 audio frames present, wherein the both the video frames and audio frames present are being evaluated for determination of a commercial, and paragraph [180], Nakamura discloses audio signal 101b is stored in audio signal buffer 114, such that a period corresponding to one frame or 30 millisecond is stored and the audio signal is supplied to the amplitude detector 115, a correlation detector 116 and spectrum detector 117 for evaluating each audio frame in a plurality of audio frames), a second particular one of the plurality of audio frames having an audio power level below the first audio-level threshold (paragraph [209], Nakamura discloses that a comparison is made between the input audio signal, on a frame-by-frame basis, to determine if the first audio level threshold (ie. audio signal level condition) is exceeded, and that the audio signal level is low in commercial periods, and if the input audio signal has not exceeded the “audio signal level condition”, then the frame that meets the condition of not exceeding the “audio signal level condition” is identified as the particular one frame of the sequence of audio frames to fall below the first audio-level threshold, and paragraph [257], fig.21A, Nakamura discloses that four commercials are successively broadcasted in between the main program within a certain period of time, wherein CM1, CM2, CM3 and CM4 are the four successive commercials, and at time T2, the transition occurs wherein T2 is the time where a commercial transition occurs between the first commercial CM1 and the second commercial CM2, and thus, at time T2, a second particular audio frame is selected to signify the presence of a commercial transition falling below a threshold); and
indicating a second commercial transition candidate within the television feed at a second timing corresponding to the second particular one of the plurality of audio frames (paragraph [209], Nakamura discloses that a comparison is made between the input audio signal, on a frame-by-frame basis, to determine if the first audio level threshold (ie. audio signal level condition) is exceeded, and that the audio signal level is low in commercial periods, and if the input audio signal has not exceeded the “audio signal level condition”, then the frame that meets the condition of not exceeding the “audio signal level condition” is identified as the particular one frame of the sequence of audio frames to fall below the first audio-level threshold, and paragraph [257], fig.21A, Nakamura discloses that four commercials are successively broadcasted in between the main program within a certain period of time, wherein CM1, CM2, CM3 and CM4 are the four successive commercials, and at time T2, the transition occurs wherein T2 is the time where a commercial transition occurs between the first commercial CM1 and the second commercial CM2, and thus, at time T2, a second particular audio frame is selected to signify the presence of a commercial transition falling below a threshold).
Nakamura does not disclose “…identifying, based on monitoring the plurality of audio frames, a second particular one of the plurality of audio frames having an audio power level above the first audio- level threshold and below the second audio-level threshold”. However, Wei teaches the concept of detecting audio level above a first audio level threshold and below a second audio level threshold (paragraph [68], Wei discloses that the switch 106 can permit the selection between the short-term loudness level and the long-term loudness level for determining the threshold of the segment transition, and permit the comparison of input audio signal level to be compared with the selected audio signal level for determining a commercial transition, wherein there are two audio signal level thresholds to be selected, either short-term loudness level threshold or the long-term loudness level threshold, and paragraph [87], Wei discloses that the selected threshold can be of any value above 0%, like 0.1% is selected for the loud segment, thus leading to the short-term loudness level being nominally higher than the long-term loudness level, and paragraph [89], Wei discloses that short term loudness level is considered to be higher than long-term loudness level, thus, leading to the comparison of audio power level with a first audio-level threshold but also below a second audio-level threshold).
Since Nakamura teaches “identifying, based on monitoring the plurality of audio frames, a second particular one of the plurality of audio frames having an audio power level below the first audio-level threshold”, and Wei discloses “…the concept of detecting audio level above a first audio level threshold and below a second audio level threshold”, therefore, by simple substitution, it would have been obvious to one of ordinary skill in the art to combine the teachings of Nakamura and Wei together as a whole for ascertaining the limitation “…identifying, based on monitoring the plurality of audio frames, a second particular one of the plurality of audio frames having an audio power level above the first audio-level threshold and below the second audio-level threshold” for providing a multitude of audio power levels in order to ensure accurate measurements of presence of commercials.
Regarding claim 19, Nakamura does not disclose wherein the commercial transition candidate is indicated by a hint value. However, Wei teaches wherein the commercial transition candidate is indicated by a hint value (paragraph [23], Wei discloses implementing a detection trigger signal such as a commercial insertion cue for hinting or triggering the start of a commercial transition for an audio/video signals transmitted, and paragraph [95], Wei discloses implementation of commercial insertion cue signals or hints for indicating the commercial transition is coming up within the audio/video signal transmitted). Therefore, it would have been obvious to one of ordinary skill in the art to combine the teachings of Nakamura and Wei together as a whole for providing a multitude of audio power levels in order to ensure accurate measurements of presence of commercials.
Regarding claim 20, Nakamura discloses accessing a plurality of video frames corresponding to the plurality of audio frames of the sample of the television feed (paragraph [168], Nakamura discloses a decoder 101 for receiving a broadcast television signal, wherein paragraph [256], Nakamura discloses receiving a sample of a television feed with a minimum length or a sample of the television feed being analyzed, and paragraph [217], Nakamura discloses that a sequence of frames are analyzed for determining the presence of commercials, wherein the commercial start frame is denoted by ns in that a commercial start time is denoted as Ts by using the commercial start frame number ns as in Ts = T[ns], and in paragraph [173], Nakamura discloses that each frame period is associated with a corresponding audio signal, so thus, in the NTSC standard, there are 30 frames per second, or 30 ms (millisecond) per frame-to-frame interval, in other words, for every 30 millisecond, there is one frame present to represent that 30 millisecond time period, or for one minute (60 seconds) time period for evaluation, there are 1800 frames per one minute since there are 60 seconds per minute and multiplying by 30 frames per second would yield 1800 frames per one minute for an NTSC standard, and thus, for an NTSC video signal in a one second time period, there are 30 video frames present as well as 30 audio frames present, or for a one minute period, there are 1800 video frames present with the corresponding 1800 audio frames present, wherein the both the video frames and audio frames present to be accessed for evaluation and determination of a commercial).
Nakamura does not disclose determining that a video frame corresponding to the particular one of the plurality of audio frames is a blank frame, wherein indicating the commercial transition within the television feed is based on both the video frame being determined to be a blank frame and the particular one of the plurality of audio frames having the audio power level below the first audio-level threshold.
However, Wei teaches determining that a video frame corresponding to the particular one of the plurality of audio frames is a blank frame (paragraph [67], Wei discloses that the commercial transition occurs at a location within the sequence of frames, wherein the video signal simultaneously has a black screen (ie. blank frame) within the sequence of frames along with the corresponding audio signal that has a quiet portion that is below a selected threshold or first audio-level threshold), wherein indicating the commercial transition within the television feed is based on both the video frame being determined to be a blank frame and the particular one of the plurality of audio frames having the audio power level below the first audio-level threshold (paragraph [67], Wei discloses that the commercial transition occurs at a location within the sequence of frames, wherein the video signal simultaneously has a black screen (ie. blank frame) within the sequence of frames along with the corresponding audio signal that has a quiet portion that is below a selected threshold or first audio-level threshold, wherein paragraph [49], Wei discloses that the input audio signal 120 is the broadcast television signal that comprises a plurality of segments that include a broadcast television program with commercial segments, and the corresponding audio signal that goes along with the broadcast television program with audio segments). Therefore, it would have been obvious to one of ordinary skill in the art to combine the teachings of Nakamura and Wei together as a whole for providing a multitude of audio power levels in order to ensure accurate measurements of presence of commercials.
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/ALLEN C WONG/Primary Examiner, Art Unit 2488
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